City of Madison - File #: 43350

• File #: 43350
• Version: 1
• Name: 10989 E Main ROW Garden Maintenance Agreement
• Type: Resolution
• Status: Passed
• File created: 6/13/2016
• In control: PLAN COMMISSION
• On agenda: 7/19/2016
• Final action: 7/19/2016
• Enactment date: 7/22/2016
• Enactment #: RES-16-00540
• Title: Authorizing the execution of a Garden Maintenance Agreement with the Irwin A. and Robert D. Goodman Community Center, Inc. for maintenance of gardens located in East Main Street public right-of-way between Second Street and Fourth Street.
• Sponsors: Marsha A. Rummel

Date	Ver.	Action By	Action	Result
7/19/2016	1	COMMON COUNCIL	Adopt	Pass
7/6/2016	1	BOARD OF PUBLIC WORKS	RECOMMEND TO COUNCIL TO ADOPT - REPORT OF OFFICER
6/27/2016	1	PLAN COMMISSION	Return to Lead with the Recommendation for Approval	Pass
6/21/2016	1	BOARD OF PUBLIC WORKS	Refer
6/21/2016	1	COMMON COUNCIL	Referred
6/13/2016	1	Economic Development Division	Referred for Introduction

Fiscal Note
No fiscal impact.
Title
Authorizing the execution of a Garden Maintenance Agreement with the Irwin A. and Robert D. Goodman Community Center, Inc. for maintenance of gardens located in East Main Street public right-of-way between Second Street and Fourth Street.
Body
WHEREAS, for several years City of Madison residents living in the vicinity of the terrace of East Main Street right-of-way between Second Street and Fourth Street have installed and maintained community gardens within such area; and

WHEREAS, it was recently discovered that there is no written agreement pertaining to the installation and maintenance of the community gardens; and

WHEREAS, the residents desire to continue operating the community gardens, and the City has agreed to permit the continued operation of the community gardens, subject to certain conditions; and

WHEREAS, the Irwin A. and Robert D. Goodman Community Center, Inc. has agreed to enter into a written agreement with the City on behalf of the residents to facilitate the management of the community gardens; and

WHEREAS, the Office of Real Estate Services has prepared such agreement and it has been reviewed and approved by the City Engineering Division and the Community Center.

NOW, THEREFORE, BE IT RESOLVED that the Mayor and the City Clerk are hereby authorized to execute a Garden Maintenance Agreement (“Agreement”) with the Irwin A. and Robert D. Goodman Community Center, Inc. (“Goodman”) for maintenance of community gardens (“Community Gardens”) in the terrace of East Main Street right-of-way between Second Street and Fourth Street (“Maintenance Area”), as legally described below and depicted on the attached Exhibit A, on the following terms and conditions:

1. The Maintenance Area shall be used solely for the purpose of community gardening and for no other purpose whatsoever without the City’s prior written consent, which consent the City may withhold in its sole discretion. Notwithstanding the foregoing, ...